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(영문) 대전고등법원 (청주) 2019.08.22 2019노70

존속살해미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the fact that the Defendant had made a mistake of facts against the part of the Defendant’s case A, and that the Defendant had prepared to commit the crime in advance at the time of the instant case, the Defendant was found guilty of attempted murder, which is the primary charge, and the lower court found the Defendant guilty of the charge of intimidation against special lineal ascendants, which is the primary charge, and erred by misapprehending the legal principles.

B) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable. 2) It is unreasonable for the lower court to dismiss the request for the attachment order of this case.

2. Determination

A. On November 11, 2018, at around 14:17, 2018, the main points of the facts charged are as follows: (A) the Defendant: (a) at the place of residence located in the Gu, a considerable amount of Cheongju-si, the Defendant: (b) was dissatisfied with the Defendant’s domestic violence crime against Madern Victim C (M, 56 years of age); (c) during the current period of suspension of execution and probation; and (d) the police test cannot be viewed as a police test; (a) the Defendant was called as “Isle, Isle, Isle, Isle, Isle, will die,” and (c) from the victim, “Isle, Isle to the Sim police station,” the Defendant was able to see the Defendant’s speech in preparation for the front-day kitchen kitchen (21cc in length, 33 cm in total length) and concealed it within the newspaper, and then the Defendant was at the police station of Cheongju-si on the same day.

The defendant, at the criminal charge and office of the Cheongju Police Station as well as the office of the above Cheongju Police Station, knife the victim waiting for the defendant and the knife knife with the above kitchen knife, and knife the victim, and knife the victim, who is a lineal ascendant of the victim with the kitchen knife, followed the victim by his hand, so that the victim cannot take less than the back of the victim by his hand.